Snarky Lawyer

How Does the Fourth Amendment Apply to Criminal Defenses?

December 2nd, 2021 by Tad Nelson in Criminal Defense

When you are facing any kind of criminal charges, it is essential to begin working with an aggressive Houston criminal defense attorney as soon as possible on a defense strategy. The best defense strategy for your case will depend upon the particular circumstances of your arrest, and the specific elements of the criminal offense for […]

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Texas Prosecutors Make Aggressive Use of “Human Trafficking” Law to Address Sex Crimes

November 19th, 2021 by Tad Nelson in Criminal Defense, Sex Crime

Human trafficking–also known as sex trafficking–is traditionally understood to mean “the use of force, fraud, or coercion to obtain some type of labor or commercial sex act,” according to the U.S. Department of Homeland Security. Sex trafficking is normally associated with the act of transporting someone across state or international lines for the purposes of […]

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What Is a Class C Misdemeanor in Texas?

November 17th, 2021 by Tad Nelson in Criminal Defense, Misdemeanor Crimes

The Texas Penal Code divides crimes into felonies and misdemeanors. Misdemeanor offenses are further subdivided into three classes: A, B, and C. Class C represent the lowest of the three misdemeanor classes. In other words, these are the least serious crimes you can be charged with under Texas law. Some of the more common examples […]

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What Does It Mean When the Prosecution Gives an Accuser Immunity in a Domestic Violence Case?

November 14th, 2021 by Tad Nelson in Domestic Violence

Domestic violence cases often come down to the word of the accuser against that of the defendant. This means that it is crucial that the defense have an opportunity to fully cross-examine the accuser. Indeed, the right of “confrontation” is one of the basic constitutional requirements of any criminal trial. So what happens when an […]

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How the Statute of Limitations Works in Texas Criminal Cases

November 4th, 2021 by Tad Nelson in Criminal Defense, Drug Crime

The statute of limitations refers to a law that limits the time the state has to charge an individual with a particular criminal offense. Some crimes, such as murder, have no statute of limitations. But in Texas, there is a three-year statute of limitations for felonies unless the law specifically provides otherwise. The three-year period […]

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When Do a Police Officer’s “Misrepresentations” on a Warrant Application Matter?

November 2nd, 2021 by Tad Nelson in Criminal Defense, Understanding Texas Law

Before the police may lawfully search a person’s property without the owner’s consent, an officer must first obtain a search warrant from a magistrate. The process of obtaining a warrant typically involves the officer filing an affidavit with the court explaining their reasons for requesting the warrant. If the magistrate finds “probable cause” that evidence […]

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Houston Man Faces 20 Years in Prison for Acting as “Runner” in Telemarketing Scam

October 28th, 2021 by Tad Nelson in Conspiracy, Criminal Defense, White Collar Crime

Nobody likes getting telemarketing calls. One reason for this is that many such calls are schemes designed to cheat individuals out of their money. Indeed, a popular scam is to call unsuspecting persons claiming to be from a government agency. The caller is told they are under investigation for some imagined crime and that they […]

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What Counts as a “Speedy Trial” in a Misdemeanor Case?

October 21st, 2021 by Tad Nelson in Criminal Defense, Misdemeanor Crimes

When you are accused of a crime, you have the right to a trial to confront and challenge the prosecution’s evidence. Both the United States and Texas state constitutions make it clear that every person charged with a crime has a fundamental right to a “speedy trial.” But how “speedy” is speedy? And what happens […]

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Is “Necessity” a Possible Defense to a DWI Charge?

October 19th, 2021 by Tad Nelson in Drunk Driving, DWI

Drunk driving is considered a “strict liability” offense in Texas. This means that your mental state is generally irrelevant. The prosecution does not need to prove that you intended to drive drunk. The state only needs to prove (a) that you were legally intoxicated and (b) you were operating a motor vehicle. Court of Criminal […]

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Can Prosecutors Prove Domestic Violence Even With Contradictory Eyewitness Testimony?

October 14th, 2021 by Tad Nelson in Assault, Criminal Defense, Domestic Violence

Once police respond to a report of possible domestic violence, any evidence they legally obtain may later be used to prove that a crime occurred. This evidence need not include accusatory statements from the alleged victim. Indeed, even in cases where the alleged victim has denied–under oath–that any domestic violence took place, a judge or […]

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